On November 9, 2011 a California state judge preliminarily approved a $35 million settlement in a lawsuit alleging that Oracle Corp. denied overtime to more than 1,725 San Francisco Bay area employees (In re Oracle Wage & Hour Cases, Cal. Super. Ct., No. JCCP004597, preliminary approval of settlement 11/14/11).
If finalized, the settlement will end two of three coordinated class actions filed against the Redwood Shores, Calif., software maker alleging that quality assurance, customer support/technical analysts, and project managers were not paid for overtime and missed meal and rest breaks and did not receive accurate wage statements. The suit alleges that violations date back to April 2003 at Oracle and Pleasanton, Calif.-based PeopleSoft Inc., which was purchased by Oracle in December 2004.
Under the settlement, the California workers would receive a pro rata share based on weeks worked during the class period. The subclass for quality assurance workers runs from April 16, 2003, through Nov. 19, 2010. The support subclass runs April 16, 2003, through Aug. 15, 2006. The project manager subclass runs April 16, 2003, through Oct. 1, 2006. Oracle reclassified the customer support workers and project managers in 2006.
Notice was mailed in January to 1,742 class members, 17 of whom opted out, according to the joint stipulation.
Each of the five named plaintiffs would receive $30,000. Class counsel, attorneys with Goldstein, Demchak, Baller, Borden & Dardarian in Oakland, Calif., Weltin, Streb & Weltin in Oakland, and Flynn, Delich & Wise in San Francisco, would share 30 percent of the gross settlement amount, or $10.5 million, and $1 million in litigation of costs.
Subject to court approval, $100,000 would be paid from the gross settlement amount to the California Labor & Workforce Development Agency as payment for claims of penalties under the state Private Attorney Generals Act.
Half of any unclaimed funds would be split equally by the Alexander Community Law Center at Santa Clara University and the Legal Aid Society Employment Law Center while half would be split between the Wounded Warrior Project and the Tenderloin Tech Lab of the St. Anthony Foundation in San Francisco. 11.22.2011.